02-041 C.M.R. ch. 29, § 2 - Examples of Grounds for Discipline

The following grounds for discipline in 10 M.R.S. §8003(5-A)(A) include, but are not limited to, the conduct described below.

1. The practice of fraud, deceit or misrepresentation in obtaining a license pursuant to Title 32, chapter 126 is defined as, but is not limited to, the following:

A. Cheating on a licensure examination;

B. Misrepresentation of identification for purposes of taking the examination or sharing examination content;

C. Falsification or misrepresentation of education or practice experience by an applicant for licensure;

D. Withholding or misrepresenting any information requested on the application, including any information regarding conviction of a crime or disciplinary action taken by any jurisdiction against the applicant; and

E. Impersonating another examinee, applicant or licensee.

2. The practice of fraud, deceit or misrepresentation in connection with services rendered as a person licensed pursuant to Title 32, chapter 126 is defined as, but is not limited to, the following:

A. Misrepresenting the type or status of license held, the professional designation for the license held, or qualifications to practice;

B. Committing or aiding another to commit fraud, deceit or corruption in financial disbursement, billing and refunds as these apply to student finances and financial aid;

C. Engaging in false, misleading or deceptive advertising; and

D. Impersonating another licensee.

3. Professional Incompetence or Misconduct

Professional incompetence or misconduct while engaged in practice for which the person is licensed pursuant to Title 32, chapter 126 is defined as, but is not limited to, the following:

A. Practicing aesthetics, barbering, cosmetology, limited barbering, nail technology or instructing when the licensee is unable to practice and provide services to clients with reasonable skill and safety due to impairment by the use of alcohol, drugs or any other intoxicants;

B. Failing to render adequate supervision, management, training, or control of students, trainees or licensees;

C. Failing to provide clients, where appropriate, practice appropriate linens or clothing for purposes of safeguarding a client's clothing or covering body parts;

D. Conviction of a crime relating to or committed during the course of practice involving violence, use or sale of drugs, fraud, deceit or theft;

E. Misappropriating funds or property, or theft of money or credit/debit card data, from a client, employee or the workplace;

F. Offering, giving or promising anything of value or benefit to a government official for the purpose of influencing or circumventing a law, rule or policy governing the profession;

G. Failing to establish, practice, apply and maintain effective infection control standards or blood exposure procedures;

H. Failing to properly identify or label product that has been transferred to a container from its original container;

I. Failing to file timely notices and required reports;

J. Failing to maintain accurate and complete client service records;

K. Failing to maintain accurate and complete trainee or student records;

L. Failing to present to the Director proof of licensure or identification while practicing as an aesthetician, barber, cosmetologist, limited barber, nail technologist or instructor, or as an owner of an establishment, independent booth or school;

M. Failing to develop and implement policies, standards and procedures to protect and secure student information and records, and any health related information obtained from a client for purposes of a service, from negligent, inappropriate or unlawful use or disclosure; and

N. Failing to adequately perform the obligations of an arrangement or agreement during the course of acting as a consultant, peer monitor or supervisor in connection with an order by the Director or a consent agreement.

4. Professional Gross Negligence

Professional gross negligence while engaged in practice for which the person is licensed pursuant to Title 32, chapter 126 is defined as, but is not limited to, the following:

A. Knowingly, intentionally or recklessly causing physical harm or endangering a client during the course of rendering a service;

B. Engaging in conduct that evidences a lack of knowledge or ability to apply principles or skills to carry out the practice licensed;

C. Functioning outside of one's professional competence established by education, training or experience and license held in Maine;

D. As applied to the practice of skin care or a chemical service involving adverse effects, lacking education and understanding of the physiological effects of the specific skin care techniques utilized in order to determine whether a treatment or application is contraindicated and/or to determine the most beneficial techniques to apply to a given individual and/or failure to follow a medically ordered treatment plan; and

E. Failing to properly use professional products, equipment or devices according to a manufacturer's instructions.

5. Aiding or Abetting Unlicensed Practice

Aiding or abetting a person not duly licensed to represent him or herself as a practitioner licensed in any of the practices, or as an instructor or qualified supervisor, is defined as, but is not limited to, the following:

A. Assisting another to perform services beyond the scope of the person's license or without a license;

B. Reasonable knowledge of supervising or providing oversight to an unlicensed person representing him or herself as licensed, or to a licensed person practicing beyond the scope of the license; and

C. Knowingly making referrals to an unlicensed person representing him or herself as licensed, or to a licensed person practicing beyond the scope of the license.

Notes

02-041 C.M.R. ch. 29, § 2